New notification obligation for EU investors in Australian securitisations to become law

New notification obligation for EU investors in Australian securitisations to become law

New notification obligation for EU investors in Australian securitisations to become law

Apr 07 2021

The texts of the EU securitisation recovery package were published in the Official Journal of the European Union on Tuesday 6 April, 2021:                                                                            

  •  The amendments to the Securitisation Regulation (2017/2402) are published here
  • The amendments to the CRR (575/2013) are published here.

Both legislative texts, which were passed by the European Parliament on 25 March, will enter into force and become law on the third day (instead of the usual 20 days) following publication in the Official Journal, being Friday 9 April 2021.

This means that there is a definitive date for the commencement of the new Article 4 notification obligation on EU institutional investors when they have made an investment in securities of an SSPE established in a country listed in Annex II which currently includes Australia.

The text of the notification obligation is:

'For an SSPE established, after 9 April 2021, in a jurisdiction mentioned in Annex II for the reason of operating a harmful tax regime, the investor shall notify the investment in securities issued by that SSPE to the competent tax authorities of the Member State in which the investor is resident for tax purposes.’

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